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MEYERS v. WAL-MART STORES, EAST, INC.

No. 00-1046.

257 F.3d 625 (2001)

William J. MEYERS, Plaintiff-Appellee/Cross-Appellant, v. WAL-MART STORES, EAST, INC., d/b/a Wal-Mart, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2001.

Attorney(s) appearing for the Case

Jeffrey T. Meyers (briefed), Linda M. Galante (argued and briefed), Mazur, Morgan, Meyers & Kittel, Detroit, Michigan, John D. Nickola, Nickola & Nickola, Flint, MI, for Plaintiff-Appellee/Cross-Appellant.

Jeffrey S. Sutton (argued and briefed), Jones, Day, Reavis & Pogue, Columbus, Ohio, Ronald E. Westen (briefed), Robert Patrick George (briefed), Lupo & Koczkur, Detroit, Michigan, Melanie P. Sarwal, Wal-Mart Stores, Inc., Bentonville, Arkansas, for Defendant-Appellant/Cross-Appellee.

Before: GUY, BOGGS, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

William J. Meyers, a 65-year-old claimant, slipped and fell on loose cardboard in the empty-box area at a Sam's Club store. The fall fractured his hip, causing him to undergo hip-replacement surgery. Meyers's rehabilitation process greatly aggravated his preexisting arthritic condition.

After a nine-day jury trial, during which three of the original seven jurors...

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